Allowed

Anshul Paswan v. State of U.P.

Allahabad HC27 Jul 2023BAIL/28109/2023

Case brief

AI extract

What is this about?

Single Judge allowed bail to Anshul Paswan accused of murder under S. 302/34 IPC, noting lack of evidence beyond confessional statements and recovery of items, and the bail of a co-accused. Conditions imposed for appearance and non-interference.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties subject to conditions of appearance and prohibition against influencing witnesses or indulging in criminal activities.

Anshul Paswan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:150031

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28109 of 2023

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Applicant :- Anshul Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Ram Aadhar, learned Advocate, holding brief of Sri Pradeep Kumar, submits that Sri Pradeep Kumar, learned counsel is appearing on behalf of the informant but his name has not been shown in the cause list.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Rahul Mishra, learned counsel for the applicant, Sri Ram Aadhar, learned Advocate, holding brief of Sri Pradeep Kumar, learned counsel for the informant and Sri Tanay Kumar, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.45 of 2023, under Section 302/34 IPC, Police Station Bindki, District Fatehpur during pendency of the trial.

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FIR of the present case was lodged against unknown persons under Section 302 IPC and according to the FIR, some unknown persons committed the murder of the son of informant in his house.

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Learned counsel for the applicant submits that nobody was named in the FIR and during investigation on the basis of information furnished by Police Informer applicant and 3 others were arrested and as per prosecution they have confessed their guilt and thereafter it is alleged that from the possession of applicant his motorcycle and mobile phone were recovered along with Rs.8000/. He further submits that Rs.8000/- actually belongs to the applicant.

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He further submits that in the present matter except the confessional statement of applicant and other co-accused persons before the Police, there is no other evidence against the applicant on record.

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He further submits that applicant is not having any previous criminal history and when he was arrested then he was also made accused in a case of theft and applicant in the present matter is in jail since 3.2.2023.

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He further submits that co-accused Ram Khelawan has already been released on bail by Coordinate Bench of this Court vide order dated 4.7.2023 passed in Criminal Misc.Bail Application No. 29079 of 2023. He placed the bail order of co-accused Ram Khelawan during the course of argument which is taken on record and marked at "A".

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He next submits that the case of applicant is at par with coaccused Ram Khelawan.

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Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for

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the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that only evidence in the present matter against the applicant is his confessional statement before the Police and co-accused Ram Khelawan has already been released on bail, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Anshul Paswan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to

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the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 27.7.2023/SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Anshul Paswan v. State of U.P.

Case brief

What is this about?

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Anshul Paswan v. State of U.P.

Case brief

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What did the court decide?

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